WWW.OSXP.NET Gone
Monday, April 22, 2002 by Darkman210 | Discussion: WinCustomize News
Site taken down due to request from Apple
Sorry
April 22, 2002
VIA E-MAIL
RE: NOTICE OF INFRINGEMENT
Dear ********:
We represent Apple Computer, Inc. ("Apple") with respect to its intellectual
property matters. It has come to our attention that you are offering for
download on your web site various skins, themes, wallpaper, icons, and other
materials for Windows XP, which are identical and/or confusingly similar to
Apple's Aqua theme for its MAC OS X (see
http://www.osxp.net/osxpindex.html).
You should be aware that your actions constitute infringement of Apple's
intellectual property rights under various federal and state trademark,
copyright and unfair competition laws, which may subject you to serious
civil and criminal penalties. By publishing these infringing skins and
allowing the public to access and download them from your web site, you also
are engaging in contributory infringement of Apple's copyrights, trademarks
and trade dress. Your unauthorized actions also may damage our client's
reputation and result in the dilution of our client's famous trademarks.
Accordingly, we demand that you immediately cease and desist from
distributing all skins, themes, wallpaper, icons and other materials for
Windows XP which are identical and/or confusingly similar to Apple's Aqua
interface for its Mac OS X.
Please note that a letter may also be sent to your Internet access provider
as notice that its services are being used to infringe the trademarks and
copyrights of others.
We ask that you immediately send written confirmation that you have complied
with our demand. The foregoing is not intended as a complete statement of
Apple's position on this matter, and nothing herein shall be deemed to
constitute a waiver of any of Apple's rights or remedies at law, in equity
or otherwise, all of which are expressly reserved.
Sincerely,
Fabricio Vayra
202/857-6130
[email protected]
Arent Fox Kintner Plotkin & Kahn, PLLC
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
Phone 202/857-6000
Fax 202/857-6395
www.arentfox.com
Sorry
April 22, 2002
VIA E-MAIL
RE: NOTICE OF INFRINGEMENT
Dear ********:
We represent Apple Computer, Inc. ("Apple") with respect to its intellectual
property matters. It has come to our attention that you are offering for
download on your web site various skins, themes, wallpaper, icons, and other
materials for Windows XP, which are identical and/or confusingly similar to
Apple's Aqua theme for its MAC OS X (see
http://www.osxp.net/osxpindex.html).
You should be aware that your actions constitute infringement of Apple's
intellectual property rights under various federal and state trademark,
copyright and unfair competition laws, which may subject you to serious
civil and criminal penalties. By publishing these infringing skins and
allowing the public to access and download them from your web site, you also
are engaging in contributory infringement of Apple's copyrights, trademarks
and trade dress. Your unauthorized actions also may damage our client's
reputation and result in the dilution of our client's famous trademarks.
Accordingly, we demand that you immediately cease and desist from
distributing all skins, themes, wallpaper, icons and other materials for
Windows XP which are identical and/or confusingly similar to Apple's Aqua
interface for its Mac OS X.
Please note that a letter may also be sent to your Internet access provider
as notice that its services are being used to infringe the trademarks and
copyrights of others.
We ask that you immediately send written confirmation that you have complied
with our demand. The foregoing is not intended as a complete statement of
Apple's position on this matter, and nothing herein shall be deemed to
constitute a waiver of any of Apple's rights or remedies at law, in equity
or otherwise, all of which are expressly reserved.
Sincerely,
Fabricio Vayra
202/857-6130
[email protected]
Arent Fox Kintner Plotkin & Kahn, PLLC
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
Phone 202/857-6000
Fax 202/857-6395
www.arentfox.com
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michael havard
Reply #22 Tuesday, April 23, 2002 11:36 PM
Reply #22 Tuesday, April 23, 2002 11:36 PM
grayhaze - yeah, thanks for once again drilling the association of robbers (an active agressive and often violent crime) with copyright infringers (many of which do not know that they've committed a crime). As if we don't see this comparison made every day by Hillary and her RIAA/MPAA lackies.
While the law doesn't require politeness and consideration it would be nice to see someone do it just for kicks every once in awhile. Because while the law doesn't require politeness it doesn't exclude it either. Additionally part of "corrections" (you know the "department of corrections") is letting the person you're correcting know EXACTLY what they need to do better to not fall into the same infringing practice again.
Additionally I'm not a Mac basher. I'm a basher of any company that is heavy handed with the consumer or potential consumer of their product. Heavy handedness while not specifically dissallowed by law is not specifically included by law either.
While the law doesn't require politeness and consideration it would be nice to see someone do it just for kicks every once in awhile. Because while the law doesn't require politeness it doesn't exclude it either. Additionally part of "corrections" (you know the "department of corrections") is letting the person you're correcting know EXACTLY what they need to do better to not fall into the same infringing practice again.
Additionally I'm not a Mac basher. I'm a basher of any company that is heavy handed with the consumer or potential consumer of their product. Heavy handedness while not specifically dissallowed by law is not specifically included by law either.
michael havard
Reply #23 Tuesday, April 23, 2002 11:37 PM
Reply #23 Tuesday, April 23, 2002 11:37 PM
My personal belief is that discussion, any discussion, is good. It helps us to understand the problems and find solutions. Part of the prolbem as I'm seeing it is people don't care about the law because it has been used against them too many times and is no longer a law working for the interests of anyone except the major corporations. The law is no longer the balancing act it was originally intended as - to promote the interests of the public good while allowing the copyright/patent/trademark holder the right to seek reasonable compensation for their hard work. Now reasonable compensation to some companies is spending 4 million in research and gaining 40 billion in revenue and then when the patent runs out suing and threatening suit against anyone who might attempt to use the patent data as allowed by law.
If you don't like the discussion, if you don't want to add to a discussion about solutions, if it tires you, then it's very easy to remove yourself from it. Many people put themselves in positions of conflict every day and then bemoan the fact that they are in the position at all.
If you don't like the discussion, if you don't want to add to a discussion about solutions, if it tires you, then it's very easy to remove yourself from it. Many people put themselves in positions of conflict every day and then bemoan the fact that they are in the position at all.
Ja450n
Reply #24 Wednesday, April 24, 2002 2:50 AM
Reply #24 Wednesday, April 24, 2002 2:50 AM
Apple is shutting down Mac run sites.. do the apple lawyers have something agains Mac ? Confused ? so are we.. MacXP, OSXP, and Aqua-soft are mac run... so why is apple shutting them down.. head here.. to comment..
http://www.neowin.net/bboard/showthread.php?s=&postid=210762#post210762
http://www.neowin.net/bboard/showthread.php?s=&postid=210762#post210762
Wandy
Reply #25 Wednesday, April 24, 2002 2:25 PM
Reply #25 Wednesday, April 24, 2002 2:25 PM
I feel that to an extent Grayhaze is right. Still how many of you record tv programmes, borrow cd's from your friends, or download music/pirate software from the internet? I reckon 99.9 percent of you do. Are you infringing copyright? Yes you are. Now are you going to go to say Macromedia and say, sorry I have just downloaded all your software for free and am using serial numbers/cracks that I download from blahblahblah.com.
I'm not justifying what OSXP.net and MacXP have done. I'm just saying if you want your PC to look like a Mac then do it. Ford or GM won't stop you from customising your car. What does anyone else think?
I'm not justifying what OSXP.net and MacXP have done. I'm just saying if you want your PC to look like a Mac then do it. Ford or GM won't stop you from customising your car. What does anyone else think?
jester
Reply #26 Wednesday, April 24, 2002 6:16 PM
Reply #26 Wednesday, April 24, 2002 6:16 PM
Part of infringing on copyright is the intent of the infringer to capitalize on their efforts (from a legal perspective, that means to make money), and/or to deprive the original copyright holder of any benefits of their work.
Now, I never visited this site before it was closed down, but if what was there was designed for the Windows OS, then Apple could not possibly demonstrate how it is being adversely affected by the material there. Similarly, if they were not charging anything for the downloads, then there was not attempt to deprive Apple of revenue, and it would most likely fall under "Fair Use."
Now, I never visited this site before it was closed down, but if what was there was designed for the Windows OS, then Apple could not possibly demonstrate how it is being adversely affected by the material there. Similarly, if they were not charging anything for the downloads, then there was not attempt to deprive Apple of revenue, and it would most likely fall under "Fair Use."
grayhaze
Reply #27 Wednesday, April 24, 2002 6:41 PM
Reply #27 Wednesday, April 24, 2002 6:41 PM
It's a common misconception, but copyright infringement certainly doesn't apply only when the infringer is making money from their actions. Any gain achieved by the copyright infringement, whether personal or monetary, is irrelevant. It is the action of taking someone else's copyrighted work and using elements of that work in your own which constitutes a breach of copyright law. The law applies equally for someone who makes vast amounts of money from their efforts as it does someone who makes none at all. It's the act that is illegal, not the result of that act.
aafuss
Reply #28 Wednesday, April 24, 2002 7:43 PM
Reply #28 Wednesday, April 24, 2002 7:43 PM
I believe that Apple has done the right thing- to protect its own os and its unique interface. I'd suggest if you want to design an interface for a program, make it unique, invent your own interface, be creative. I use Windows 98 Second Edition,as it is a good OS.
aafuss
Reply #29 Wednesday, April 24, 2002 7:43 PM
Reply #29 Wednesday, April 24, 2002 7:43 PM
I believe that Apple has done the right thing- to protect its own os and its unique interface. I'd suggest if you want to design an interface for a program, make it unique, invent your own interface, be creative. I use Windows 98 Second Edition,as it does the job for me.
lau nistor
Reply #30 Friday, April 26, 2002 9:56 AM
Reply #30 Friday, April 26, 2002 9:56 AM
Did every average hard-working "skinner" jump up because somebody tweaked his skin? If Apple is big
as said or as they are trying to, why bother with
such dwarfs??? Much ego-boost here I think... I visited the site a few days ago, while still open
and it didn't seem so threatening...I do agree a bit woth Wandy and DavidK.
as said or as they are trying to, why bother with
such dwarfs??? Much ego-boost here I think... I visited the site a few days ago, while still open
and it didn't seem so threatening...I do agree a bit woth Wandy and DavidK.
jester
Reply #31 Friday, April 26, 2002 4:55 PM
Reply #31 Friday, April 26, 2002 4:55 PM
Grayhaze, the courts have been reticent to apply penalties when there can be no damages shown. Similarly, (and I forget the exact percentage, but I think it's small, like 20%) if a certain percentage of the work is changed from the original, it is not subject to being "infringing" work. That is, you can base your new creation on something previously existing if you change a portion of it.
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Reply #21 Tuesday, April 23, 2002 11:29 PM
I'm not arguing their right to protect their property, I just think from a marketing point of view it's a stupid reaction....